Research on Copyright Issues of User-Generated Content Websites: A Case Study of YouTube
Date Issued
2009
Date
2009
Author(s)
Lin, Ting-Ju
Abstract
User-Generated Content (UGC) websites refer to the websites the content of which is provided by internet users. Blogs and video-sharing websites are typical UGC websites. The advent of UGC websites is the consequence of interaction between innovations of new technology and the long-existing social needs of information-sharing, community-forming, and self-expression. he prosperity of UGC websites marked the rise of internet users’ autonomy. These websites not only further the development of market place of ideas, but also provide internet users with the opportunities of self-fulfillments. These websites has also led to many copyright infringement lawsuits against website owners and internet users. At the same time, many internet freedom groups and internet users are fighting back against copyright holders, asking for freedom of speech. hat are the implications of these lawsuits? Will they have any impact on the existing copyright law? This thesis studies the legal issues of the YouTube case, and concludes that those websites deserve positive legal judgments since they are different from traditional internet service providers for their public interest considerations and good attitude toward copyright protection. The existing elements of secondary liability for copyright infringement and the DMCA safe harbor provisions should be amended. Furthermore, although copyright law already has the “fair use” doctrine to protect freedom of speech, the abuse or misuse of takedown notices and the ambiguity of fair use doctrine lead to chilling effects of internet speech. Thus, “fair use” doctrine does not ensure the freedom of speech of internet users, and the enforcement of copyright law is still under the first amendment scrutiny.
Subjects
copyright
secondary liability
contributory liability
vicarious liability
safe harbor provision
fair use
free speech
SDGs
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